 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 halaman
...proper method of presenting the question of "newly discovered evidence, material to the defendant, which could not, with reasonable diligence, have been discovered and produced at the trial." This affidavit, if it had been presented to the trial court in connection with the motion for continuance,... | |
 | United States. Department of the Interior - 1894 - 648 halaman
...affidavits tiled in support thereof. This motion is made upon the ground of newly discovered evidence "which could not with reasonable diligence have (been) discovered and produced at the trial." This newly discovered evidence is "that the annual assessment work for the years 1891 and 1892 caused... | |
 | United States. Supreme Court - 1896 - 768 halaman
...evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial. " 4. That the findings are against law. " 5. Errors in law occurring at the trial and excepted to by defendants."... | |
 | 1896 - 1164 halaman
...be such as to render a different verdict reasonably probable upon a retrial; and that the evidence could not with reasonable diligence have been discovered and produced at the trial. 1 Haynes, New Trials & App. § 88. Assuming that defendant's affidavits, which are very general in... | |
 | Ohio, William Henry Whittaker - 1896 - 830 halaman
...must not be cumulative, 11 O. 147 ; 10 OS 508 ; 1 D. 115 ; 15 O. 313. The evidence must be such as could not with reasonable diligence have been discovered and produced at the trial, 20 OS 150, 163. It is not a test that evidence is cumulative, that affidavits in support of it do not... | |
 | Morris March Estee - 1898 - 1142 halaman
...merely; that It he such as to render a different verdict reasonably probable upon .1 retrial; and that It could not, with reasonable diligence, have been discovered and produced at the trial. 1 Hayne, N. Trial and App., < 88; approved. People v. Demasters, 100 Gal. 607. »! Arnold v. Skaggs,... | |
 | United States. Supreme Court - 1899 - 760 halaman
...evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial. " 4. That the findings are against law. " 5. Errors in law occurring at the trial and excepted tolsy defendants."... | |
 | California - 1905 - 494 halaman
...Civil Procedure shall be applicable to the proceedings to be had after said proceedings are entered on the calendar. RULE XV. Any party to such proceeding,...law occurring on the trial. Sections 658, 659, and 600 of the Code of Civil Procedure shall be applicable to such rehearing. RULE XVI. Sections 668, 669,... | |
 | Montana. Supreme Court - 1905 - 812 halaman
...appellant in the notice of intention to move for a new trial was that of newly discovered evidence, which could not with reasonable diligence have been discovered and produced at the trial. In support of this ground he filed the affidavit of one John Kempfer, who stated, in substance, that... | |
 | Abraham Clark Freeman - 1906 - 1146 halaman
...appellant in the notice of intention to move for a new trial was that of newly discovered evidence, which could not with reasonable diligence have been discovered and produced at the trial. In support of this ground he filed the affidavit of one John Kempfer, who stated, in substance, that... | |
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Newly discovered evidence, material for the party making the application, which could not with reasonable diligence have been discovered and produced at the trial; 4. 
